The Lawyers' Society DAMY came to the interests of a client practising ship's master profession. The latter was on the handlebar of his motorcycle when at an intersection a driver who did not respect the traffic light struck him violently. As a result, this biker suffered serious injuries, including head trauma with initial unconsciousness, multiple fractures in the right collarbone, right shoulder blade, 1st and 2nd ribs, nasal bones, and a disjunction of the pubic symphysis. After a one-month hospitalization phase, he entered a convalescence centre.

In view of her sequelary condition, the victim was unable to work as a ship's captain since the accident.

At the time of the incident, however, there were different career opportunities for this person. On the day of the accident, the victim went to the yachting company's premises to take up her job. A promise of employment had been given, for a net monthly salary of 4,500 euros. This is why the CPAM considered it to be a commuting accident.

At the instigation of the DAMY Lawyers' Society, the expert appointed by the court acknowledged that the victim was in absolute impossibility to assume the profession of skipper that he had previously exercised. However, during the whole period of the legal proceedings, the victim received only the disabled adult allowance for subsistence, whereas she could have been entitled to a net salary of 4,500 euros. The Aix-en-Provence Court of Appeal therefore consistently awarded 137,250.00 euros for salary losses before consolidation.

If the court rejected the claim for loss of future professional earnings, it nevertheless granted an additional amount of EUR 50 000,00 for occupational incidence. The expertise of the DAMY Lawyers' Society in this area has enabled us to obtain an excellent judicial result.

Société d' Avocats DAMY, Nice, Préjudices corporels, 2018.